MLC Ltd v Brooker [2001] FCA 845

MLC Ltd v Brooker [2001] FCA 845

Nerissa Lee Brooker was properly appointed tutor because she was the children's mother, the children lived with her, and she had effectively been given custody in matrimonial causes proceedings. The proposed trust arrangements were agreed by all parties. The submission limiting costs overlooked the necessity of appointing a tutor, the change to a corporate trustee with lower fees, and the proposed joint trusteeship; accordingly, costs of all parties, except unreasonable costs or costs unreasonably incurred, were to be assessed and paid out of the monies paid into Court.

Jurisdiction
Australia
Judgment Date
25 June 2001
Procedural Posture
Proceedings Under S 215(1) of the Life Insurance Act 1995 Seeking a Declaration as to the Persons Entitled to Life Insurance Policy Benefits / Orders Made on Notice of Motion and Reasons for Judgment
Outcome
Orders made substantially in terms of paragraphs 1 to 5 of the Notice of Motion of 25 May 2001, with costs ordered to be assessed and paid out of the monies paid into Court subject to exceptions for unreasonable costs.
Legal Topics
['payment of Life Insurance Monies Into Court' 'appointment of Tutor for Infant Respondents' 'appointment of Trustees for Insurance Monies' 'costs Payable Out of Fund']
['life Insurance' 'trusts' 'civil Procedure' 'costs'] ['payment of Life Insurance Monies Into Court' 'appointment of Tutor for Infant Respondents' 'appointment of Trustees for Insurance Monies' 'costs Payable Out of Fund']

Case Brief

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Procedural Posture

Proceedings Under S 215(1) of the Life Insurance Act 1995 Seeking a Declaration as to the Persons Entitled to Life Insurance Policy Benefits / Orders Made on Notice of Motion and Reasons for Judgment

Legal Issues

  1. 1 ['Whether Nerissa Lee Brooker should be appointed as tutor for the first and second respondents.' 'Whether Nerissa Lee Brooker and National Australia Trustees Limited should be appointed joint trustees of the insurance monies.' 'Whether the insurance monies should be paid out of Court to the trustees and held on trust for the infant children.' "Whether the parties' costs should be paid out of the monies paid into Court."]

Ratio Decidendi

Nerissa Lee Brooker was properly appointed tutor because she was the children's mother, the children lived with her, and she had effectively been given custody in matrimonial causes proceedings. The proposed trust arrangements were agreed by all parties. The submission limiting costs overlooked the necessity of appointing a tutor, the change to a corporate trustee with lower fees, and the proposed joint trusteeship; accordingly, costs of all parties, except unreasonable costs or costs unreasonably incurred, were to be assessed and paid out of the monies paid into Court.

Court Disposition

Orders made substantially in terms of paragraphs 1 to 5 of the Notice of Motion of 25 May 2001, with costs ordered to be assessed and paid out of the monies paid into Court subject to exceptions for unreasonable costs.

Orders

  • ['Nerissa Lee Brooker be appointed as tutor for the first and second respondents for the purposes of these proceedings.' 'Nerissa Lee Brooker and National Australia Trustees Limited be appointed joint trustees of the insurance monies in the sum of $205,928.15 paid into Court by the applicant pursuant to s 215(1) of...